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S5411 - Details

S5411 - Summary

Enables safe access to public roads for all users by utilizing complete street design principles.

S5411 - Sponsor Memo

BILL NUMBER:S5411
TITLE OF BILL:
An act
to amend the highway law, in relation to enabling safe access to public
roads for all users by utilizing complete street design principles
PURPOSE:
Enable safe access to public roads for all users by utilizing
complete street design principles
SUMMARY OF PROVISIONS:
Section 1. Amends the highway law by adding a
new section 331.
Subdivision (a) requires all state, county and local transportation
facilities that receive both federal and state funding are subject to
department of transportation oversight to consider safe travel on the
road network by all users of all ages, including motorists,
pedestrians, bicyclists, and public transportation users through
complete design features.
Subdivision (b) Complete street design features shall include but not
be limited to: sidewalks, paved shoulders suitable for use by
bicyclists, lane stripping, bicycle lanes, share the road signage,
crosswalks, pedestrian control signalization, bus pull outs, curb

cuts, raised crosswalks and ramps and traffic calming measures while
recognizing that the needs of users of the road network vary
according to a rural, urban and suburban context.
Subdivision (c) provides for exceptions to the use of complete street
design features.
Section 2. requires a best practice report to be published by the
Department of Transportation no later than two years after the bill
becomes law
Section 3. Effective date
JUSTIFICATION:
According to the National Highway Traffic Safety
Administration (NHTSA), 4,092 pedestrians were killed by motorists in
2009 - an average of one death every two hours. 19 percent of these
fatalities were people ages 65 and older. In addition, the NHTSA
stated that over 59,000 pedestrians were injured by motorists in
2009, an average of one injury every 9 minutes in 2009.
Complete street design principles include sidewalks, paved shoulders
suitable for use by bicyclists, lane stripping, bicycle lanes, share
the road signage, crosswalks, pedestrian control signalization, bus
pull outs, curb cuts, raised crosswalks, ramps and traffic calming
measures designed to allow pedestrian and motor traffic to easily
coexist. A Federal Highways Administration safety review found that
streets designed with these features improve safety for all users,
enabling pedestrians to cross busy roads in two stages, improving
bicycle safety and reducing left-turning motorist crashes to zero.
The potential to reduce carbon emissions by encouraging to
lower-carbon modes of transportation is undeniable. The 2001 National
Household Transportation Survey found 50% of all trips in
metropolitan areas
are three miles or less and 28% of all metropolitan trips are less
than one mile, easy to walk, bike, or utilize mass transit. Yet 65%
of the shortest trips are now made by automobile, in part because of
incomplete streets that make it dangerous or unpleasant for other
modes of travel. Complete streets would help convert many of these
short automobile trips to multi-modal travel. Simply increasing
bicycling from 1% to 1.5% of all trips in the U.S. would save 462
million gallons of gasoline each year.
This legislation would ensure that complete streets design principles
are utilized where they would be most needed, most effective, and
most beneficial to improve safety for all who use our roadways.
LEGISLATIVE HISTORY:
2010: S.5711-B/A.8587-B Passed the Senate
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
One hundred and eightieth day after it shall have
become law.

S T A T E O F N E W Y O R K
________________________________________________________________________
5411
2011-2012 Regular Sessions
I N S E N A T E
May 18, 2011
___________
Introduced by Sens. FUSCHILLO, DILAN, DIAZ, GRISANTI, LARKIN, LITTLE,
OPPENHEIMER, PERKINS, SAMPSON, VALESKY -- read twice and ordered
printed, and when printed to be committed to the Committee on Trans-
portation
AN ACT to amend the highway law, in relation to enabling safe access to
public roads for all users by utilizing complete street design princi-
ples
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The highway law is amended by adding a new section 331 to
read as follows:
S 331. CONSIDERATION OF COMPLETE STREET DESIGN. (A) FOR ALL STATE,
COUNTY AND LOCAL TRANSPORTATION FACILITIES THAT RECEIVE BOTH FEDERAL AND
STATE FUNDING AND ARE SUBJECT TO DEPARTMENT OF TRANSPORTATION OVERSIGHT,
THE DEPARTMENT OR AGENCY WITH JURISDICTION OVER SUCH FACILITIES SHALL
CONSIDER THE SAFE TRAVEL ON THE ROAD NETWORK BY ALL USERS OF ALL AGES,
INCLUDING MOTORISTS, PEDESTRIANS, BICYCLISTS, AND PUBLIC TRANSPORTATION
USERS THROUGH THE USE OF COMPLETE STREET DESIGN FEATURES IN THE PLAN-
NING, DESIGN, CONSTRUCTION, RECONSTRUCTION, RESTRIPING AND REHABILI-
TATION, BUT NOT INCLUDING RESURFACING, MAINTENANCE OR PAVEMENT RECYCL-
ING, OF SUCH FACILITIES.
(B) COMPLETE STREET DESIGN FEATURES ARE ROADWAY DESIGN FEATURES THAT
ACCOMMODATE AND FACILITATE SAFE TRAVEL BY ALL USERS, INCLUDING CURRENT
AND PROJECTED USERS, PARTICULARLY PEDESTRIANS, BICYCLISTS AND INDIVID-
UALS OF ALL AGES AND ABILITIES. THESE FEATURES SHALL INCLUDE, BUT NOT BE
LIMITED TO: SIDEWALKS, PAVED SHOULDERS SUITABLE FOR USE BY BICYCLISTS,
LANE STRIPING, BICYCLE LANES, SHARE THE ROAD SIGNAGE, CROSSWALKS, ROAD
DIETS, PEDESTRIAN CONTROL SIGNALIZATION, BUS PULL OUTS, CURB CUTS,
RAISED CROSSWALKS AND RAMPS AND TRAFFIC CALMING MEASURES; AND RECOGNIZE
THAT THE NEEDS OF USERS OF THE ROAD NETWORK VARY ACCORDING TO A RURAL,
URBAN AND SUBURBAN CONTEXT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11543-01-1

S. 5411 2
(C) EXCEPTIONS TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE PERMISSI-
BLE ONLY AFTER THE COMMISSIONER OR AGENCY WITH JURISDICTION OVER THE
PROJECT, AND AFTER PUBLIC INPUT, DEMONSTRATES, WITH SUPPORTING DOCUMEN-
TATION WHICH SHALL BE AVAILABLE TO THE PUBLIC, THAT ONE OF THE FOLLOWING
EXISTS:
(I) USE BY BICYCLISTS AND PEDESTRIANS IS PROHIBITED BY LAW, SUCH AS
WITHIN INTERSTATE HIGHWAY CORRIDORS; OR
(II) THE COST WOULD BE DISPROPORTIONATE TO THE NEED AS DETERMINED BY
FACTORS INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: LAND USE CONTEXT;
CURRENT AND PROJECTED TRAFFIC VOLUMES; AND POPULATION DENSITY; OR
(III) DEMONSTRATED LACK OF NEED AS DETERMINED BY FACTORS, INCLUDING,
BUT NOT LIMITED TO, LAND USE, CURRENT AND PROJECTED TRAFFIC VOLUMES,
INCLUDING POPULATION DENSITY, OR DEMONSTRATES LACK OF COMMUNITY SUPPORT.
S 2. (a) No later than two years after the effective date of this act,
the department of transportation shall publish a report showing how
transportation agencies have complied with section 331 of the highway
law and changed their procedures to institutionalize complete streets
design features into planning, project scoping, design and implementa-
tion of the required highway and road projects. The report shall
include, but not be limited to a discussion of the review of and
revisions to various guidance documents regarding lane width, design
speed, average daily traffic thresholds, level of service and roadway
classification. The report shall also show any best practices that
transportation agencies utilized in complying with section 331 of the
highway law.
(b) In establishing such best practices, consideration shall be given
to the procedures for identifying the needs of the mix of users, includ-
ing primary and secondary users and the identification of barriers, and
summary of the documentation required by paragraph (c) of section 331 of
the highway law regarding why transportation agencies could not comply
with paragraph (a) of section 331 of the highway law. The department of
transportation shall consult with transportation, land-use and environ-
mental officials, including representatives from:
(i) Counties, cities and towns;
(ii) Metropolitan planning organizations;
(iii) Public transit operators;
(iv) Relevant state agencies; and
(v) Other relevant stakeholders, including, but not limited to, repre-
sentatives from disability rights groups, aging groups, bicycle and
pedestrian advocates, and developers.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

S5411A (ACTIVE) - Details

S5411A (ACTIVE) - Summary

Enables safe access to public roads for all users by utilizing complete street design principles.

S5411A (ACTIVE) - Sponsor Memo

BILL NUMBER:S5411A
TITLE OF BILL:
An act
to amend the highway law, in relation to enabling safe access to public
roads for all users by utilizing complete street design principles
PURPOSE:
Enable safe access to public roads for all users by utilizing
complete street design principles
SUMMARY OF PROVISIONS:
Section 1 of this bill provides legislative findings.
Section 2 subdivision (a) of this bill would provide for the
consideration of complete street design features for projects
undertaken by the Department of Transportation or undertaken by
municipalities and public authorities that receive both state and
federal funding and are subject to department of transportation
oversight. Subdivision (b) of this section provides a list of
features and elements that may be considered in complete street
design. Subdivision (c) of this section provides that if complete
street design features are not considered, a publicly available
document shall set forth the reason why these features were not
considered. This subdivision also lists exceptions that would impede
the use of complete street features. Subdivision (d) provides that

this section shall not require the department, public authority or
municipality to expend any monies for complete street design, other
than monies provided by the state and federal governments for
complete street features. Subdivision (d) does not preclude the
department, public authority or municipality from spending monies
from its own budget for complete street design features.
Section 3 of this bill provides that the Department of Transportation
shall produce a report within two years of the effective date of this
section demonstrating how the Department has complied with this
section and changed its procedures to institutionalize complete
street design features into the planning, project scoping, design and
implementation of projects subject to this section.
The report shall include review and guidance regarding certain highway
features. The report should also include any best practices
identified by the Department, whether created by the department or
identified from another source.
JUSTIFICATION:
Working collaboratively with all
interested
stakeholders the Legislature and the Governor have agreed to
establish a complete street design policy that safely and cost
effectively facilitates access and improved mobility for pedestrians,
cyclists, mass transportation riders and motorists of all ages and
abilities. Such a policy benefits our environment through improved
air quality, decreased traffic congestion and the preservation of our
natural assets. Our citizens' benefit, not only from the
environmental advantages derived from a complete street policy, but
from the health benefits associated with active forms of
transportation.
This bill establishes a complete street policy that will consider the
needs of all users of our roads by encouraging good planning to
benefit a variety of citizens and encourage sustainable communities
while at the same time recognizing the economic hardship facing our
governments today.
This legislation would ensure that complete streets design principles
are utilized where they would be most needed, most effective, and
most beneficial to improve safety for all who use our roadways
LEGISLATIVE HISTORY:
2010: S.5711-B/A.8587-B Passed the Senate
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
One hundred and eightieth day after it shall have
become law.

S T A T E O F N E W Y O R K
________________________________________________________________________
5411--A
Cal. No. 966
2011-2012 Regular Sessions
I N S E N A T E
May 18, 2011
___________
Introduced by Sens. FUSCHILLO, DILAN, AVELLA, BRESLIN, DIAZ, DUANE,
FLANAGAN, GRISANTI, HASSELL-THOMPSON, KENNEDY, KLEIN, KRUEGER, LARKIN,
LITTLE, MONTGOMERY, OPPENHEIMER, PARKER, PERKINS, SAMPSON, STAVISKY,
VALESKY -- read twice and ordered printed, and when printed to be
committed to the Committee on Transportation -- reported favorably
from said committee and committed to the Committee on Finance --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
AN ACT to amend the highway law, in relation to enabling safe access to
public roads for all users by utilizing complete street design princi-
ples
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. It is hereby found and declared that
to achieve a cleaner, greener transportation system the transportation
plans of New York state should consider the needs of all users of our
roadways including pedestrians, bicyclists, public transportation
riders, motorists and citizens of all ages and abilities, including
children, the elderly and the disabled. By encouraging good planning,
more citizens will achieve the health benefits associated with active
forms of transportation while traffic congestion and auto related air
pollution will be reduced. Therefore, it shall be the policy of the
state to consider people of all ages and abilities and all appropriate
forms of transportation when planning roadway projects.
S 2. The highway law is amended by adding a new section 331 to read as
follows:
S 331. CONSIDERATION OF COMPLETE STREET DESIGN. (A) FOR ALL STATE,
COUNTY AND LOCAL TRANSPORTATION PROJECTS THAT ARE UNDERTAKEN BY THE
DEPARTMENT OR RECEIVE BOTH FEDERAL AND STATE FUNDING AND ARE SUBJECT TO
DEPARTMENT OF TRANSPORTATION OVERSIGHT, THE DEPARTMENT OR AGENCY WITH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD11543-02-1
S. 5411--A 2
JURISDICTION OVER SUCH PROJECTS SHALL CONSIDER THE CONVENIENT ACCESS AND
MOBILITY ON THE ROAD NETWORK BY ALL USERS OF ALL AGES, INCLUDING MOTOR-
ISTS, PEDESTRIANS, BICYCLISTS, AND PUBLIC TRANSPORTATION USERS THROUGH
THE USE OF COMPLETE STREET DESIGN FEATURES IN THE PLANNING, DESIGN,
CONSTRUCTION, RECONSTRUCTION AND REHABILITATION, BUT NOT INCLUDING
RESURFACING, MAINTENANCE, OR PAVEMENT RECYCLING OF SUCH PROJECTS.
(B) COMPLETE STREET DESIGN FEATURES ARE ROADWAY DESIGN FEATURES THAT
ACCOMMODATE AND FACILITATE CONVENIENT ACCESS AND MOBILITY BY ALL USERS,
INCLUDING CURRENT AND PROJECTED USERS, PARTICULARLY PEDESTRIANS, BICY-
CLISTS AND INDIVIDUALS OF ALL AGES AND ABILITIES. THESE FEATURES MAY
INCLUDE, BUT NEED NOT BE LIMITED TO: SIDEWALKS, PAVED SHOULDERS SUITABLE
FOR USE BY BICYCLISTS, LANE STRIPING, BICYCLE LANES, SHARE THE ROAD
SIGNAGE, CROSSWALKS, ROAD DIETS, PEDESTRIAN CONTROL SIGNALIZATION, BUS
PULL OUTS, CURB CUTS, RAISED CROSSWALKS AND RAMPS AND TRAFFIC CALMING
MEASURES; AND RECOGNIZE THAT THE NEEDS OF USERS OF THE ROAD NETWORK VARY
ACCORDING TO A RURAL, URBAN AND SUBURBAN CONTEXT.
(C) THIS SECTION SHALL NOT APPLY IF IT HAS BEEN DETERMINED AND SET
FORTH IN PUBLICLY AVAILABLE DOCUMENTS THAT ONE OF THE FOLLOWING EXISTS:
(I) USE BY BICYCLISTS AND PEDESTRIANS IS PROHIBITED BY LAW, SUCH AS
WITHIN INTERSTATE HIGHWAY CORRIDORS; OR
(II) THE COST WOULD BE DISPROPORTIONATE TO THE NEED AS DETERMINED BY
FACTORS INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: LAND USE CONTEXT;
CURRENT AND PROJECTED TRAFFIC VOLUMES; AND POPULATION DENSITY; OR
(III) DEMONSTRATED LACK OF NEED AS DETERMINED BY FACTORS, INCLUDING,
BUT NOT LIMITED TO, LAND USE, CURRENT AND PROJECTED TRAFFIC VOLUMES,
INCLUDING POPULATION DENSITY, OR DEMONSTRATES LACK OF COMMUNITY SUPPORT;
OR
(IV) USE OF THE DESIGN FEATURES WOULD HAVE AN ADVERSE IMPACT ON, OR BE
CONTRARY TO, PUBLIC SAFETY.
(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE DEPART-
MENT OR AGENCY WITH JURISDICTION OVER A PROJECT TO EXPEND MONIES IN
ACCORDANCE WITH SUBDIVISION (A) OF THIS SECTION THAT EXCEED THE AMOUNT
OF STATE AND FEDERAL FUNDING FOR COMPLETE STREET DESIGN FEATURES.
S 3. (a) No later than two years after the effective date of this act,
the department of transportation shall publish a report showing how it
has complied with section 331 of the highway law and changed its proce-
dures to institutionalize complete street design features into planning,
project scoping, design and implementation of the required highway and
road projects. The report shall include, but not be limited to, a
discussion of the review of and revisions to various guidance documents
regarding lane width, design speed, average daily traffic thresholds,
level of service and roadway classification. The report shall also show
any best practices that the department of transportation utilized in
complying with section 331 of the highway law.
(b) In identifying such best practices, consideration shall be given
to the procedures for identifying the needs of the mix of users, includ-
ing primary and secondary users and the identification of barriers. The
department of transportation shall consult with transportation, land-use
and environmental officials, including representatives from:
(i) Counties, cities and towns;
(ii) Metropolitan planning organizations;
(iii) Public transit operators;
(iv) Relevant state agencies; and
(v) Other relevant stakeholders, including, but not limited to, repre-
sentatives from disability rights groups, aging groups, bicycle and
pedestrian advocates, and developers.
S. 5411--A 3
S 4. This act and/or any failure to comply with the provisions of this
act shall not be admissible as evidence against the state, any munici-
pality or public authority in any claim for monetary damages against the
state, a municipality or a public authority.
S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that this act shall not
apply to transportation projects undertaken or approved prior to the
date on which this act shall have become a law.

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